Overview
Lancaster County is located in Nebraska with a population of approximately 332,857. The Lancaster County Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Nebraska probate is governed by the Nebraska Probate Code (Neb. Rev. Stat. § 30-2201 et seq.). The process begins with filing an Application for Informal Probate of Will and Informal Appointment of Personal Representative (Form CC 15:8) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Nebraska offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period.
Nebraska does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Lancaster County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Lancaster County Court
Probate matters in Lancaster County are handled at the Lancaster County Courthouse.
Address: 575 S 10th Street, 2nd Floor, Lincoln, NE 68508
Phone: (402) 441-7443 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located on the second floor of the courthouse. The court handles wills, estates, guardianships, and conservatorships.
Parking and Access
Metered street parking is available along 10th Street and surrounding blocks. Public parking garages are located nearby, such as the garage at 10th & K Streets. Visitors must pass through security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (personal or real property), you may be able to transfer assets via affidavit after 30 days.
- Transfer on Death: Assets with named beneficiaries or Transfer on Death (TOD) designations bypass probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate (Form CC 15:8) with the Lancaster County Court. Include:
- Application for Informal Probate
- Original will and codicils (if any)
- Certified Copy of Death Certificate
- Filing fee (approximately $140)
- Renunciations/Nominations (if applicable)
Nebraska courts generally require attorneys to e-file; pro se litigants may file in paper at the court clerk's office.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the proceedings to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice in a newspaper of general circulation in Lancaster County for three successive weeks to notify creditors.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if all paperwork is in order. If formal probate is requested or required due to disputes, the court will schedule a hearing, typically 3 to 4 weeks after filing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims are barred 2 months after the first publication)
- Inventory and appraise all estate assets within 3 months (90 days) of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Lancaster County-Specific Procedures
- E-filing: Attorneys are mandated to use the Nebraska Trial Court eFiling system. Self-represented litigants may file paper documents.
- Inventory: A complete inventory of estate assets must be filed with the court within 90 days of the Personal Representative's appointment.
- Self-Help Desk: The court provides a self-help desk for forms and basic procedural questions, though they cannot provide legal advice.
- Publication: Notice must be published in a newspaper of general circulation in Lancaster County for three successive weeks.
Always check with the Clerk of the District Court or County Court for the most current local rules.
Timeline & Fees
Filing Fees (Lancaster County)
- Probate Petition: approximately $140
- Automation Fee: approximately $8
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Court Costs: Additional administrative costs may apply.
Nebraska law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage of the estate.
Payment Methods
The court accepts cash, check, or credit card (with a surcharge).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period is 2 months following the first publication of notice, which sets a minimum duration for the process.
Local Resources
Lancaster County Court Resources
- Court Website: lancaster.ne.gov
- Probate Self-Help: Nebraska Judicial Branch Self-Help
- Nebraska Probate Forms: Nebraska Judicial Branch Forms
Legal Aid and Attorney Referrals
- Nebraska State Bar Association: (402) 475-7091 — Professional association for attorneys.
- Legal Aid of Nebraska: (877) 250-2016 — Provides legal assistance to low-income residents.
- Nebraska Find a Lawyer: nefindalawyer.com
Publication
- Lincoln Journal Star: (402) 475-4200 — Major daily newspaper.
- The Voice News: (402) 792-2255 — Local weekly newspaper.